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Practice Of Real EstateFair_housingHARD

A prospective tenant with a severe anxiety disorder requests that her emotional support dog be permitted in a 'no pets' apartment building in Portland. The landlord requires documentation and then denies the request, stating that emotional support animals are not service animals and are not covered under fair housing law. Which of the following best describes the landlord's legal position under the federal Fair Housing Act?

Correct Answer

C) The landlord is incorrect because allowing an emotional support animal is a reasonable accommodation for a disability under the Fair Housing Act

Under the federal Fair Housing Act, a landlord must provide reasonable accommodations in rules, policies, or practices when necessary for a person with a disability to have equal opportunity to use and enjoy the dwelling. Emotional support animals (ESAs) are not required to be trained service animals under the Fair Housing Act (unlike the ADA). If the tenant has a disability and the ESA provides disability-related assistance, the landlord must allow the ESA as a reasonable accommodation, even in a no-pets building. The landlord may request documentation of the disability and the disability-related need but cannot deny a legitimate ESA request.

Answer Options
A
The landlord is correct because only ADA-recognized service animals trained to perform specific tasks are covered under fair housing law
B
The landlord is correct because the building's no-pets policy is a neutral rule that applies equally to all tenants
C
The landlord is incorrect because allowing an emotional support animal is a reasonable accommodation for a disability under the Fair Housing Act
D
The landlord is incorrect only if the tenant can prove the anxiety disorder meets the ADA definition of a disability

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Related Topics & Key Terms

Key Terms:

disabilityreasonable_accommodationemotional_support_animalfederal_fair_housingrental

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